They are paid from the estate before anyone inherits. Debts do not generally pass to your family personally unless they co-signed or held the debt jointly.
The Canadian position
The executor pays creditors before beneficiaries. Publishing a notice to creditors protects the executor from claims arriving after distribution.
A co-signed loan or joint credit card remains the surviving borrower's responsibility.
The Islamic position
Settling debts is a serious obligation and takes priority over both the bequest and the fixed shares. Classical texts treat an undischarged debt as a matter of real weight for the deceased.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
What to do about it
- List all debts including any unpaid mahr.
- Publish a notice to creditors.
- Pay debts before distributing anything.
- Keep records — the executor may need to prove the order of payment.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Apply for probate of an estate — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Estates Act, RSO 1990, c E.21 — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Estate trustee during litigation vs permanent trustee ontario — Treadstone Law
- What is probate ontario — Treadstone Law
- Appeal probate decision ontario — Treadstone Law
- Difference between executor and estate trustee ontario — Treadstone Law
- Setting aside probate already granted ontario — Treadstone Law
- Applying for probate yourself ontario without lawyer — Treadstone Law
- Wills & estates practice — Treadstone Law